Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle E - RESERVE COMPONENTSPart II - PERSONNEL GENERALLY
Chapter 1203 - ENLISTED MEMBERS
Section 12108 - Enlisted members: discharge or retirement for years of service or for age

10 U.S.C. § 12108

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Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 12108 - Enlisted members: discharge or retirement for years of service or for age

Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall-

(1) be transferred to the Retired Reserve if the member is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or
(2) be discharged if the member is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.

10 U.S.C. § 12108

Added Pub. L. 107-107, div. A, title V, §517(f)(1), Dec. 28, 2001, 115 Stat. 1095.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107-107 set out as an Effective Date of 2001 Amendment note under section 10154 of this title.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active status
The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
enlisted member
The term "enlisted member" means a person in an enlisted grade.